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IN the HIGH COURT of JUDICATURE at MADRAS (Special Original Jurisdiction)

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IN the HIGH COURT of JUDICATURE at MADRAS (Special Original Jurisdiction) IN THE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.P.No. of 2016 P.A.Joseph S/o. P.Antony, No.19/5, Prakadeeswarar Nagar, Arumbakkam, Chennai -106. …Petitioner -Vs- 1. The Office of the Hon’ble Prime Minister of India, Rep by its Principal Secretary, 152, South Block, Raisina Hill, New Delhi-110011. 2. The Director, Ministry of Parliamentary Affairs, Room. No. 92, Parliament House, New Delhi – 110001. 3. The Department of Ministry of Home Affairs Represented by its Home Secretary North Block, Central Secretariat, New Delhi – 110 001. 4. The Department of Law and Justice Represented by its secretary 26, Mansingh Road, Jaisalmer House New Delhi – 110011 5. The Director, Central Bureau of Investigation, Plot No. 5-B, 6th Floor, CGO Complex, Lodhi Road, New Delhi – 110003. 6. The State of Tamil Nadu, Rep by the Chief Secretary of State, Secretariat Buildings, Fort St.George, Chennai. 7. The State of Tamil Nadu Rep by its Home Secretary Secretariat Buildings, Fort St.George, Chennai. 8. The State of Tamil Nadu, Department of Law, Rep by its Secretary, Fort St. George, Chennai – 9. 9. The Tamil Nadu Legislative Assembly, Rep by its Secretary, Fort St. George, Chennai – 9 10. The Director General of Police, O/o the Director General of Police Mylapore, Chennai. 11. The Commissioner of Police, Chennai City Corporation, Veppary, Chennai. 12. The Chairman, Apollo Hospitals, No 21, Greams Lane, Chennai. …Respondents AFFIDAVIT I, P.A.Joseph S/o. P.Antony, Christian, aged about 36 years, residing at, No.19/5, Prakadeswarar Nagar, Arumbakkam, Chennai -106, do hereby solemnly affirm and sincerely state as follows:- I am the Petitioner herein and as such I am well acquainted with the facts of the case as stated hereunder; 2. The petitioner states that the present petition is filed in a Public Interest. The Present Petition is moved seeking for appointment of commission headed by Retired Supreme court Judge under the provisions of Commissions of Inquiry Act, 1952 be set up by the Central Government to find out the truth and to inquire into the mysterious death of the former Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha as it was done in the case of Our National leader NetajiSubhash Chandra Bose pursuant to direction of Hon’ble Division Bench of Calcutta High Court in RudraJyotiBhattacharjee& Another Versus Union of India & Others reported in AIR 1999 (CAL) 9 to enquire and find out whether NetajiSubhash Chandra Bose was Dead or Alive. 3. The petitioner states that petitioner is a public spirited person and petitioner moving this petition as a responsible citizen of this country, as a valid voter under the representation of peoples act, and as a basic member of political party namely AIADMK party wing. Petitioner was just echoing the views of lakhs and lakhs of peoples who were totally kept under dark about the mysterious admission of the former Chief Minister of Tamil Nadu Ms.Dr.J.Jayalalitha to the hospital on September 22nd of 2016 (i.e) just 4 months from the date of returning to power, and the follow up events happened in the hospital which ended up in the death of famous national leader by breaking lakhs and lakhs of people’s hearts. 4. The petitioner state that, what is running in all conscious people minds are only one thing “WHAT IS THE CAUSE OF MYSTERIOUS DEATH OF THE FORMER CHIEF MINISTER M/s DR.J.JAYALALITHA”. A person who is holding highest public office, who was the Chief Minister of state and who was very Hale and healthy just two months back fell sick over the course of a day and in the dark of the night was admitted to a hospital. The news was that she was just suffering from fever and will return home in 2 days. But, what happened was shocking array of events which drew petitioner to file the present petition. Petitioner does’t want to go into all rumour’s and speculations in the present writ petition as petitioner moving it as a respective citizen who wanted an answer for mysterious death of his national leader. Petitioner is a public spirited person and he regularly raise issues of public importance more specifically he had been fighting for the regularising the Koyambedu Market and infact pursuant to petitioner moving a PIL, this Hon’ble court is now monitoring the progress and developments in respect of Koyambedu Market. 5. The petitioner states that petitioner extract the timeline of events for better appreciation of facts; Here is a timeline of events that unfolded after Jayalalithaa was admitted to the Apollo hospital in September. 22 September Jayalalithaa was admitted to Apollo Hospital for fever and dehydration. The hospital then shortly issued a statement saying she was under observation and that she had "no fever now" and was subsisting on a "normal diet." 24 September AIADMK party members dismissed reports that Jayalalithaa will be flown to Singapore for further treatment. On reports in a section of media, including on social media, that Jayalalithaa will be flown to Singapore for further treatment," Apollo Hospitals said that Jayalalithaa would be discharged from the hospital in a few days and would resume normal official duties soon. Meanwhile, actor Rajinikanth, Prime Minister NarendraModi, Governor ChVidyasagarRao, DMK leaders M Karunanidhi and MK Stalin and Chief Ministers of Karnataka and Puducherry, Siddaramaiah and V Narayanasamy respectively, were among those who had wished her speedy recovery. 30 September Meanwhile, DMK chief M Karunanidhi wished Jayalalithaa a speedy recovery, but urged the government to "put an end to the rumours." He suggested that photographs of the Chief Minister may be released through the media to quell any kind of rumours being circulated about her health. Quoting from a section of the media, he said when AIADMK founder and former chief minister late MG Ramachandran was hospitalised in 1984, regular briefings on his status were made by then health minister HV Hande. The DMK requested Governor ChennamaneniVidyasagarRao to take "due steps" in dispelling rumours even as the police filed a case against an "unknown person" for allegedly circulating rumours about the AIADMK supremo's condition. The case was filed under various sections of the IPC, including those dealing with "public mischief" and "promoting enmity between classes." 1 October AIADMK members continued to assert that Jayalalithaa was healthy, even as a doctor from the UK, Dr Richard John Beal, an experienced investigator in the fields of sepsis, ARDS, haemodynamics, critical care nutrition and ICU informatics, was reportedly flown in to examine her. Party members even said that had announced the candidates for the upcoming civic polls while in the hospital. A senior leader and spokesperson 'Panruty' S Ramachandran, also insisted that Jayalalithaa would "return home soon".On DMK chief M Karunanidhi seeking an explanation over Jayalalithaa's health, Ramachandran said "he has no right" to demand so. 2 October AIADMK dismissed demands to release photographs of hospitalised party supremo and Chief Minister J Jayalalithaa to quell rumours about her health, saying the hospital was regularly releasing bulletins about her condition. While Apollo Hospitals initially said Jayalalithaa was cured of fever, it then said she was being treated for infection and put her on respiratory support. 4 October The Apollo hospital said in a press release, Jayalalithaa's health condition "continues to improve" and the same line of treatment, including antibiotics and other clinical measures, is being continued. Chief Operating Officer of Apollo hospitals SubbiahViswanathan said in a press release that "the same line of treatment is being continued. The honourable CM is under close observation by the team of doctors". Meanwhile, the Madras High Court directed Tamil Nadu's Additional Advocate General to get instructions from the government on her health, after social activist Traffic Ramaswamy filed a public interest litigation (PIL) seeking the real status of Jayalalithaa's health. The court also observed that people were anxious to know about the Chief Minister's health. 6 October Reports claimed that a three-member doctors team from All India Institute of Medical Sciences (AIIMS) consisting of pulmonologist GC Khilnani, cardiologist NitishNaik and anaesthetist AnjanTrikha were to examine Tamil Nadu Chief Minister Jayalalithaa in the hospital. According to Apollo Hospitals, the treatment plan followed was based on detailed discussions with Beale. The treatment plan included appropriate antibiotics, respiratory support and other allied clinical measures presently being continued to treat the infection. In the meanwhile, the Madras High Court dismissed the PIL filed by activist Traffic Ramaswamy, as the one filed for seeking publicity. 7 October Rahul Gandhi visited Apollo Hospital, becoming the first national leader to visit Jayalalithaa. BJP MP Subramanian Swamy urged Union Home Minister Rajnath Singh to impose President's Rule in the state following her prolonged hospitalisation. 8 October In a statement issued in Chennai, Apollo Hospitals said the chief minister is under constant monitoring by intensivists and consultants in the panel, announcing that she was being treated for lung decongestion, and that all other comprehensive measures including nutrition, supportive therapy and passive physiotherapy were underway. AIADMK continued to maintain its stand that there is no legal necessity for a substitute chief minister. DMK leader MK Stalin was not able to meet the CM on his visit to the hospital, but the doctors and state ministers like Finance Minister O Panneerselvam and others briefed him about her health. 9 October Main Opposition party DMK demanded either a "Chief Minister incharge or a new Chief Minister," to streamline governance. However, the demand failed to find support even from the key ally of DMK, the Congress. 10 October According to a report by The Financial Express, AIADMK launched a Twitter campaign titled 'My CM is fine' to counter spreading of rumours regarding Jayalalithaa's health.
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